Report Title:

Fireworks Control Law; Enforcement

 

Description:

Amends provisions of the of the fireworks control law to provide the counties more authority for enforcement.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1793

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to FIREWORKS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that consumers illegally obtaining display fireworks, articles pyrotechnic, and aerial devices are violating state law.

     The purpose of this Act is to provide to the counties with more authority to enforce and administer the state fireworks control law.

     SECTION 2.  Section 132D-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Carrier" means an individual or company engaged in transporting passengers or goods for profit."

     SECTION 3.  Section 132D-5, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-5  General prohibitions.  (a)  It shall be unlawful for any person [without a permit issued under section 132D-10 by a county fire department] to:

     (1)  Remove or extract the pyrotechnic contents from any fireworks;

     (2)  Throw any ignited fireworks:

         (A)  From, at, or into a vehicle;

         (B)  At a person or an animal; and

         (C)  From above the first floor of any building; or

     (3)  Set off, ignite, discharge, or otherwise cause to explode any fireworks:

         (A)  Above the first floor of any building;

         (B)  In any vehicle;

         (C)  At any time not within the periods for use prescribed in section 132D-3;

         (D)  Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital;

         (E)  In any school building, or on any school grounds and yards without first obtaining authorization from appropriate school officials;

         (F)  On any highway, alley, street, sidewalk, or other public way; in any park; on any public beach; in any officially designated forest or wildlife preserve; within fifty feet of a canefield; or within one thousand feet of any building used for public worship during the periods when services are held; and

         (G)  Within five hundred feet of any hotel; except as may be permitted pursuant to section 132D-10.

     (b)  It shall be unlawful to purchase consumer fireworks more than five calendar days before the time periods for permissible use under section 132D-3.

     (c)  It shall be unlawful to sell consumer fireworks after 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day, and 8:00 p.m. on the Fourth of July."

     SECTION 4.  Section 132D-20, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-20  Enforcement.  (a)  This chapter shall be enforced by each county.  The counties are authorized to enforce and administer [the provisions of] this chapter.

     (b)  Upon request from an auditor of fireworks, a carrier will provide shipper and manifest information.  A carrier refusing to provide shipper and manifest information shall be fined not more than $5,000."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

 

INTRODUCED BY:

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